SHILLONG: The High Court of Meghalaya has asked the Director of Health Services (DHS) to constitute a medical board to examine a minor rape survivor who is pregnant.
The court’s order comes after the girl’s mother appealed to the court to issue direction to constitute a board to give opinion on termination of the pregnancy. The high court asked the DHS to set up the board comprising registered medical practitioners for examining the victim in tune with the requirement of Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971.
It said the board “shall be constituted at an earliest so that the victim is examined and opinion is submitted to the court at an earliest”.
Section 3 Subsection (2) (b) of the 1971 act is applicable to the present case. Termination of pregnancy by not less than two registered medical practitioners can be of the opinion that continuance of pregnancy would involve risk to the life of the future mother or of grave injury to her physical or mental health.
A pregnancy caused by rape in terms of explanation 1 to Sub-section 2(b) of Section 3 is presumed to constitute grave injury to the mental health of the victim.
As per Section 3, the precondition for allowing termination of pregnancy is the opinion of two registered medical practitioners.
According to the court, the date for examination of the victim by the board “shall also be conveyed to the learned senior government advocate as well as to the counsel for the petitioner so as to enable them to ensure presence of the victim before the medical board on the date as shall be fixed”.
